Your Rights in the Legal System Chapter 5.5 Your Rights in the Legal System

Amendments 5 6 7 8 Protection of rights in the Judicial Process

5th Amendment Protection from Self Incrimination Double Jeopardy Due Process Clause (14th)

Miranda v Arizona 1966 New police procedure Miranda Rights Ensuring the a suspect knows their rights

Also Taking Clause Eminent Domain Government may not take private property without “just compensation” Public use / fair price

6th Amendment Procedure for criminal trials Protects the rights of the accused

Guarantees Speedy Public Impartial jury Legal counsel Witnesses Evidence

Gideon v Wainwright 1963 Right to counsel Supreme Court Too poor = appointed attorney

Sheppard v Maxwell 1954 Due Process is compromised by the media Can the media cover the trial? Yes. (1st “A”) But……. Can't cause bias So……..there are limits

7th Amendment Guarantees trial by jury in civil cases Civil case = not criminal actions

8th Amendment Protection from…… Excessive bail (or fines) Cruel & unusual punishment

Capital Punishment Death Penalty Is it “cruel & unusual”? Controversy

Furman v Georgia 1972 SC decision Death Penalty WAS cruel & unusual WHEN applied inconsistently and unequally Halted all executions………………….

Until 1976 States “rewrote” laws about and the death penalty was now constitutional under the new laws Limits Not all states

Ch 5.6 9th & 10th Amendments General Protection for rights & liberties not specifically mentioned

9th Amendment Rights exist beyond what is listed in the “C” Rights to privacy Griswold v Connecticut 1965

Today You give up your right to privacy….. How? Cell phones Internet

10th Amendment Federalism Balance of federal and state power Limits power of federal government Reserves power for the states But….don’t forget Supremacy Clause

Check 5.5 What is……….? Self incrimination Double jeopardy Eminent domain What protections are given in the 6th “A”? What 2 protections are given in the 8th?

Check 5.6 The 9th “A” protects peoples right to ____? The 10th “A” limits powers of the ______ government and ________ powers for the states.